Review of Legal Developments of Apartment Pre-sale Contracts

 The Growing Trend of Population and Lack of Space in Large Cities Justifies the Existence of Apartment Living. Apartment Construction Has Become an Independent Profession of Some Individuals and Legal Entities in The Years After the Islamic Revolution Due to Population Growth and Consequently The Increase in Demand for Housing and the High Cost of Urban Land on the Other Hand Forced Builders to Meet Part of Their Financial Needs by Pre-Selling Some of Their Buildings. Also, the Low Purchasing Power of Applicants on the Other Hand Encouraged Them to Pre-Purchase. And the Payment of Installments Became the Price. All These Factors Went Hand in Hand so That the Phenomenon of Pre-Sale and Pre-Purchase of Apartments Became Common and Widespread in Big Cities. The Main Purpose of the Research is to Help Resolve the Problem of Disputes Between the Parties in Pre-Sale Contracts, Which is a Major Part of Legal Cases in the Courts.

 With a Historical Study in the Legislative Process Regarding the Pre-Sale of Buildings, the Findings Indicate That the Law Adopted in 2010 Has Solved the Problem of Many Judicial and Legal Problems Facing Pre-Buyers and Pre-Sellers and Abuses. Has Prevented the Possibility in This Regard.

 This Article Has Been Done in a Descriptive-Analytical Manner Using the Library Method and With Fish-Taking Tools.

In all Stages of This Article; The Principle of Fidelity, Honesty and the Principle of Content Have Been Observed.

 In The New Law, the Types of Pre-Sale Contracts are Separated and the Rights and Obligations of the Parties are Determined in Each of These Contracts. Until the Enactment of This Law, There Were Shortcomings Regarding the Conditions of Concluding this Contract, Which Have Been Eliminated by Approving This Law and Determining its Conditions and Required Documents. The Need for Official Registration of This Contract and the Documents Required for Its Registration are Also Stated in This Law. The Necessary Contents and Clauses of the Building Pre-Sale Contract Are Specified in This Law, Which Can Reduce the Occurrence of Unnecessary Disputes in This Regard. Considering it Necessary to Register the First and Final Stages of Concluding a Contract in the Notary Public Office in the 2010 law, Most of the Lawsuits Arising From the Pre-Sale Contracts of the Building are Resolved Automatically and do not Appear, and This is One of the Benefits of This Law. Obtaining the Necessary Documents Such as Construction License and Insurance Policy and the Certificate of the Supervising Engineer and the Need to Submit Them to the Notary Public Office are Other Benefits of This Law.